THE AGUNAH PAGE
An Agunah cannot be self-proclaimed. As much as any woman who doesn’t get
everything she wants in civil court would like to claim Agunah status for
sympathy, support, money, or whatever, it just is not part of halacha, and any
Rabbi who says otherwise is not knowledgeable in Halacha.
An Agunah is a woman who is halachacally chained to her husband and cannot
remarry, but that is not the complete definition. Our talmudic sages have been very
clear as to what constitutes such a case. For example: a man lost at sea, or taken
prisoner in battle with no evidence whether he's alive or dead, or a man who
refuses to EVER grant his wife a Get which would then render a wife an Agunah.
On the other hand, a woman who refuses to accept a GET is not an agunah.
Ninety nine percent of the alleged Agunot of today do not fall into any of the
above Agunah categories. Even one of the longest “Alleged Agunah” stories, Meir
Kin, that has gone on for over 10 years; contains no evidence that his wife is an
Agunah or that he is a recalcitrant husband. He is not lost at sea, nor taken
prisoner, is not dead, and has not refused to grant his wife a GET; as a matter of
fact, he has deposited a GET at a local Beth Din. Anyone who has examined the
real evidence knows that this is not a case of an Agunah and a recalcitrant
husband. Since his wife does not want to receive the GET, we wish Meir Kin
congratulations and happiness on his new marriage (March 2014). There is no
reason why he should not move on with his life.
This type of behaviour has been documented extensively and is a growing
concern. According to a recent Haaretz and Jerusalem Post article about Divorce
in Israel, the articles states: "The total number of cases of women refusing to
accept a written Get as a strategy to secure improved financial and visitation
terms from the husband, rose to at least 201 identified cases. This marks the
fourth consecutive year that cases of women refusing to accept a written Get
as a financial strategy exceeded the number of women denied a Get by the
husband.”
In virtually all of the alleged Agunah/Recalcitrant husband cases, the wife
believes she can get a better deal going to civil court (against halacha) and then
after she gets the house, custody, child support and alimony; to then start
screaming agunah to try and secure a GET. Husbands and Rabbis should stand
strong and not give in to these non-Jewish money grubbing tactics and demand
that the woman put things back the way they were prior to going to civil court.
Whatever cannot be put back, such as denied visitation or false claims of abuse,
then a monetary amount needs to be set. This is not extortion or blackmail, its
halacha. The Talmud is very clear on damages, and someone who causes you
damages is required to pay for the damages. All issues concerning damages must
be settled prior to the giving of a GET. Never accept the promise from the wife or
third party that damages will be taken care of after the GET. They won’t!! There
are too many stories of men who lowered their guard and gave a GET before all
the divorce proceedings were through and have regreted it. If you live in New
York, where they have an unconstitutional GET law, (See: First Amendment to
the U.S. Constitution), you would be better off moving to California or
somewhere else. I certainly hope Meir Kin has been keeping track of all the
damages in his case, including attorney fees, lost wages, court costs, slander,
defamation and more. Also keep in mind when a wife goes to civil court, she
forfeits her Ketubot. Most likely, as in many highly publicized cases, the dollar
amount grows so large that it becomes totally impossible to ever pay the damages.
I believe in the Meir Kin case, the amount has already grown past $500,000
dollars, and is likely growing daily. Her only option now is to try and falsely
shame him into giving a GET. Shame on any Rabbi who supports this behaviour.
Most of the self-proclaimed women we have researched claiming Agunah status
are clearly a MOREDES, a wife who abandoned her husband; and usually
absconded with the couple's child(ren).
With most Beth Dins, a MOREDES simply does not exist, and Jewish women are
never held accountable for their actions. We know for fact that the Beth Din of
America is one such Beth Din and is not knowledgeable about Moredes status. In
truth, if a Jewish wife flees with the couple's child and then obtains court orders in
ARCHAOS, her husband has the right AL PI HALACHA to demand that the wife
nullify the court orders, return the child(ren) to the father's town, and compensate
the father for all his damages. All his damages includes everything. In a lengthy
civil divorce, this can easily surpass a million dollars.
It is very rare to find what we call a Hamanah (female version of Haman) but
occasionally it does happen. A man who married such a woman believe that it is
better that these type of vengeful, hateful and damaged women be left alone and
not EVER receive a GET so that it protects other men from marrying them and
having the same thing happen to them. Best to leave these bitter and loathsome
women alone for the rest of their life to protect the rest of Jewish mankind. The
Talmud states that a dishonest and slanderous wife will be punished by having her
bones weakened in this world and losing her ‘Olem Habah” portion in the next.
If anyone knows a true Agunah, (Al Pi Halacha), we will publish her name and do
everything necessary to help her acquire a true and quick GET. We will not be
party to any revenge tactics or financial scams to assist any woman to try and
better her position in court or some feminist Beth Din. To this day, we have not
found even one agunah.
AGUNAH LIST
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Click on the below links for further information:
The Beth Din - Information about the Beth Din of America
Ask The Rabbi - Questions and Answers to the Rabbi
Beth Din of America News - Read about the goings on at the Beth Din America
Rabbi Aryeh Dudovitz - Child Abuser Met with Rabbi Gedalia Dov Schwartz
Psak Din - Against Rabbi Weissmann and Rabbi Schwartz
Agunah Page - A list of all the recongized Agunah(s)
Recalcitrant Husband Page - A list of all the recongnized recalcitrant husband(s)
Seruvs - Against Rabbi Weissmann and Rabbi Schwartz
Heter - Beth Din permission on how to handle a rebellious wife
Blog - Submit and read comments about all the subjects on this site
Terms, Notices, and Conditions - A must read for using this site
Contact Info - Contact us for any questions or comments